Vance v. Richardson

Citations

• 110 Cal. 414
• 42 P. 909
• 1895 Cal. LEXIS 1071

Syllabus

<p>Jury Trial—Right of 'Peremptory Challenge—Waiver.—It is proper practice to have twelve jurors in the box before requiring the parties to exercise their peremptory challenges, and then to call another juror whenever a peremptory challenge shall have been exercised; and then the parties are to challenge alternately, and if one of them does not exercise his right of challenge in his turn, after the other party has ex. pressed his satisfaction with the full panel, he cannot afterward be allowed another peremptory challenge.</p> <p>Action for Assault and Battery—Evidence—General'Reputation of Defendant.—In a civil action for assault and battery, evidence of the general reputation of the defendant for peace and quiet is not admissible.</p> <p>Id.—General Rule in Civil Actions — Evidence of Good Character —Exceptions.—The general rule is that, in civil actions, evidence of the good character of the defendant is not admissible, and the exceptions consist mostly of cases where the character of some person is the very issue involved; but an action for assault and battery is not one of the exceptions.</p> <p>'Id.—Evidence of Conversation—Examination in Chief.—The rule that upon cross-examination the whole of a conversation may be brought out in regard to which there has been any evidence in chief does not authorize a party whose witness is testifying in chief to ask the witness to state the whole of a conversation, which may involve a mass of matter not relevant; and a refusal of the court to permit such statement is not prejudicial, as the party has the right to call the attention of the witness to any further relevant declarations.</p>